‘Repugnant Laws’: A book event with Keith Whittington

Event Summary

On Friday morning at AEI, Princeton University Professor Keith Whittington presented his new book, “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present” (University Press of Kansas, 2019).

In conversation with AEI’s Adam J. White, Dr. Whittington discussed the overlooked history of the use of judicial review. Contrary to the widespread understanding that judicial review is a relatively recent phenomenon, he showed that courts had examined, upheld, struck down, and narrowed many federal laws throughout the late 18th and early 19th centuries. He provided examples from just a few cases from his database of over 1,300 instances of judicial review from the past 250 years.

Audience questions focused on the difference between review of federal and state laws and implications for how the behavior of the Supreme Court will be studied in the future.

— Tal Fortgang

Event Description

Even before the US Constitution was ratified, the notion of empowering federal judges to declare statutes unconstitutional was controversial and complicated. Since Marbury v. Madison (1803), judicial review has become essential to the Supreme Court’s role in our republic. Yet the Court’s actual exercise of that power in many instances reignited political controversy.

In his new book, “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present” (University Press of Kansas, 2019), Keith Whittington reviews the Court’s decisions declaring laws unconstitutional. His book highlights and clarifies the Court’s role in our constitutional order, how it has evolved over time, and its relationship with contemporaneous political developments.

Please join AEI for a conversation between Dr. Whittington and AEI’s Adam White on this provocative new understanding of judicial review.

Join the conversation on social media with @AEI on Twitter and Facebook.

If you are unable to attend, we welcome you to watch the event live on this page. Full video will be posted within 24 hours.

Agenda

8:45 AM
Registration

9:00 AM
Opening remarks:
Adam J. White, AEI

9:05 AM
Presentation:
Keith Whittington, Princeton University

9:30 AM
Discussion

Participants:
Adam J. White, AEI
Keith Whittington, Princeton University

9:50 AM
Q&A

10:00 AM
Adjournment

Contact Information

Event: Tal Fortgang | [email protected] | 202.862.5837
Media: [email protected] | 202.862.5829